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Criminal Law Keyed to Johnson
State v. Ollens
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Ollens (Defendant) stabbed and killed William Tyler, a taxicab driver. Defendant was charged with aggravated first-degree murder. Prior to trial, Defendant moved to dismiss the charge, arguing that there was insufficient evidence to prove the necessary element of premeditation. Dr. Lacsina, the medical examiner, testified that Defendant struck Tyler from behind and that Tyler died from multiple stab wounds. The doctor stated that Tyler’s throat had been slit by more than one cut and that Tyler could have been alive for two to three minutes after infliction of the neck wound. There were also a number of defensive injuries, demonstrating that the two men struggled. The trial court concluded, based onState v. Bingham, 719 P.2d 109 (1986), that the use of a knife to inflict more than one injury, by itself, is not evidence of premeditation, but is only probative of a specific intent to kill. Based on this conclusion, the trial court dismissed the first-degree murder charge. The State appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.